1301:7-9-18
Delivery prohibition for USTs.

For the purpose of prescribing rules
pursuant to section 3737.88 of the Revised Code, the
state fire marshal hereby adopts this rule to establish delivery prohibition
for underground storage tanks (UST) containing petroleum or other regulated
substances. This rule is adopted by the state fire marshal in accordance with
Chapter 119. of the Revised Code and shall not be considered a part of the
"Ohio Fire Code." The following USTs are exempt from this rule:

After the effective date of this rule,
it shall be unlawful for any person to deliver, deposit, or accept a regulated
substance into a UST that has a red tag attached to the fill pipe of the UST
that the state fire marshal has classified as ineligible for delivery, deposit,
or acceptance of a regulated substance in accordance with paragraphs (D)(1) to
(D)(4) of this rule.

(1)
The state fire marshal shall classify an UST as
ineligible for delivery, deposit, or acceptance of a regulated substance as
soon as practicable after the state fire marshal determines one or more of the
following conditions exist:

(a)
Required spill prevention equipment is not installed
pursuant to rule
1301:7-9-06 of the
Administrative Code;

(b)
Required overfill prevention equipment is not
installed pursuant to rule
1301:7-9-06 of the
Administrative Code;

(c)
Required corrosion protection equipment is not
installed pursuant to rule
1301:7-9-06 of the
Administrative Code; or

(d)
Required release detection equipment is not installed
pursuant to rule
1301:7-9-07 of the
Administrative Code.

(2)
The state fire
marshal may classify an UST as ineligible for delivery, deposit, or acceptance
of a regulated substance if the owner and operator of the UST has been issued a
written notice of UST violation for any of the following violations, and the
owner or operator fails to correct the violation within sixty (60) days of the
issuance of the notice of UST violation:

(1)
If the state
fire marshal classifies an UST as ineligible for delivery, deposit, or
acceptance of a regulated substance pursuant to paragraph (C) of this rule, the
state fire marshal shall issue an order to the owner and operator prior to
prohibiting the delivery, deposit, or acceptance of a regulated
substance.

(a)
The order shall be issued to the owner and operator as identified on the
registration form submitted to the state fire marshal in accordance with rule
1301:7-9-04 of the
Administrative Code and any other persons known by the state fire marshal to be
an owner or operator.

(b)
The order is deemed properly served by the state fire
marshal in any of the following ways:

(ii)
The order is sent via certified mail to the address
set forth on the UST registration form submitted to the state fire marshal in
accordance with rule
1301:7-9-04 of the
Administrative Code and the signed return receipt card is received by the state
fire marshal; or

(iii)
In those instances when the order, sent via certified
mail, is returned due to failure of delivery, the order is sent via regular
mail to the address set forth on the UST registration form submitted to the
state fire marshal in accordance with rule
1301:7-9-04 of the
Administrative Code.

(c)
The state fire
marshal will provide a written notice to any additional persons listed on the
registration form submitted to the state fire marshal in accordance with rule
1301:7-9-04 of the
Administrative Code.

(2)
The written
order described in paragraph (D)(1) of this rule shall include:

(a)
The specific
reasons or violations that led to the ineligible classification;

(b)
A
statement notifying the owner and operator that it is unlawful for any person
to deliver, deposit, or accept a regulated substance into the UST once a red
tag has been attached to the fill pipe of the UST that the state fire marshal
determined to be ineligible for delivery, deposit, or acceptance of a regulated
susbtance in accordance with paragraphs (D)(1) to (D)(4) of this rule;

(c)
The
name and address of the state fire marshal representative to whom a written
request for re-inspection can be made, if a re-inspection is necessary;
and

(d)
A statement addressing the right to appeal the state
fire marshal's order pursuant to division (D) of section
3737.882 of the Revised
Code.

(3)
Once service of the order is complete pursuant to
paragraph (D)(1) of this rule, the state fire marshal shall publish on the
state fire marshal's website those USTs that are classified as ineligible for
delivery, deposit, or acceptance of a regulated substance. The ineligible USTs
shall be posted on the state fire marshal's website a minimum of seven days
prior to the red tag being affixed to the UST.

(4)
Once publication
is complete pursuant to paragraph (D)(3) of this rule, the state fire marshal
shall attach a red tag to the fill pipe of the UST that the state fire marshal
determined to be ineligible for delivery, deposit, or acceptance of a regulated
substance in accordance with the following:

(a)
A separate red
tag shall be attached to each fill pipe of each UST determined to be ineligible
for delivery, deposit, or acceptance of a regulated substance;

(b)
The red tag
shall include the following wording in at least sixteen point type:

"Delivery Prohibited. Delivering
petroleum or other regulated substance to this underground storage tank, or
removing, defacing, altering, or otherwise tampering with this tag may result
in civil penalties of up to $10,000 per day";

(c)
The state fire
marshal shall attempt to document the level and/or volume of regulated
substance in the UST at the time that red tag is attached;

(d)
The state fire
marshal shall maintain a list of all underground storage tanks that are
classified as ineligible for delivery, deposit, or acceptance of a regulated
substance. The state fire marshal shall make updates to the list available to
the public by posting the list on the state fire marshal's website in a timely
manner;

(e)
If an eligible UST is connected or manifolded to an
ineligible UST, the state fire marshal will determine that both USTs are
ineligible to receive delivery, deposit, or acceptance of a regulated substance
for purposes of this rule, unless the eligible UST tank meets both of the
following requirements:

(i)
The eligible UST is designed to receive a regulated
substance through a means not connected, manifolded, or otherwise dependent on
the ineligible UST; and

(ii)
The eligible UST is prevented from delivering or
receiving regulated substances to or from the ineligible UST;

(f)
For a
multiple compartment UST; the red tag shall only be attached to the fill pipe
of the compartment associated with the condition or violation which resulted in
the compartment being determined ineligible for the delivery, deposit, or
acceptance of a regulated substance.

(5)
Owners or
operators may continue to operate an UST that is classified as ineligible
pursuant to this rule until the ineligible UST is empty. The UST shall not
receive delivery, deposit, or acceptance of a regulated substance during this
time.

(6)
The classification of an UST as ineligible shall
remain in effect until the conditions cited in the order no longer exist as
determined by the state fire marshal and the red tag is removed by the state
fire marshal or an authorized designee. If the state fire marshal determines
that an ineligible UST has returned to compliance and is now eligible for
delivery, deposit, or acceptance of a regulated substance, the state fire
marshal or an authorized designee shall do all of the following:

(a)
Remove the red
tag from the UST fill pipe no later than five business days after the state
fire marshal determines that the UST is compliant;

(b)
Remove the UST
from the ineligible list posted on the state fire marshal's website; and

(c)
Provide a written notice to the owner and operator that the ineligible UST has
returned to compliance and is now eligible for delivery, deposit, or acceptance
of a regulated substance.

Any person delivering or depositing
regulated substances into a UST that has been classified as ineligible by the
state fire marshal and has a red tag affixed to the fill pipe shall be in
violation of paragraph (B) of this rule.

(1)
It shall be unlawful for any person to tamper with and/or
remove the red tag without the state fire marshal's approval.

(2)
The state fire
marshal may delay the classification of an UST as ineligible for delivery,
deposit or acceptance of regulated substances if the state fire marshal
determines that prohibiting delivery to the UST would jeopardize health and
safety or the availability of fuel to the community.

(3)
The state fire
marshal may allow the delivery, deposit or acceptance of a regulated substance
into an UST determined to be ineligible for purposes of testing and other
activities required to comply with an order pursuant to paragraph (D)(1) of
this rule.

(4)
Nothing in this rule shall affect or preempt the
authority of the state fire marshal or any other authority with jurisdiction to
prohibit the delivery, deposit, or acceptance of a regulated substance to an
UST under other existing regulations.